By Molefe Seeletsa.
Convicted murderer and rapist Thabo Bester contended that his transfer to eBongweni Correctional Centre in KwaZulu-Natal (KZN) was derailing his preparations for trial, but the judge overruled his argument and dismissed the case.
The dispute was argued before the Gauteng High Court on Tuesday, 3 March 2026, in a legal battle between Bester and the Department of Correctional Services (DCS).
Currently serving a life sentence for the 2011 murder of his former girlfriend, Nomfundo Tyhulu, Bester is contesting his relocation from Kgosi Mampuru II Correctional Centre in Pretoria to the Kokstad-based facility.
His renewed challenge comes despite the court striking a similar application from the roll on 11 February.
The DCS has defended the decision, stating that the transfer in late January was carried out following a threat and risk assessment.
After being apprehended in Tanzania in 2023, Bester was detained in the C-Max high-security unit at Kgosi Mampuru before his subsequent transfer.
Thabo Bester challenges prison transfer
Bester’s legal representative, Benjamin Moafrika Wa Maila, argued that the department’s suggestion that he could travel to Kokstad because of his frequent trips was unreasonable.
“When the respondent replies, he takes my Facebook page and says counsel of the applicant travels a lot, why can’t he travel there as if every trip I take is for fun. I’m not a legal tourist. I don’t travel the country for fun, I travel to do the work,” Wa Maila said.
He added that Bester’s constitutional rights, including access to legal representation, have been violated, and the transfer will effectively impact his right to a fair trial.
Wa Maila also highlighted that consultations at Kgosi Mampuru were already limited, as the legal team had to communicate through glass and without laptops.
According to him, the transfer has made the consultation process far worse.
The lawyer criticised the DCS for failing to share details of the security and risk assessment that led to the transfer.
“We are waiting for them in the replying papers to this is the security [assessment] we did, maybe Mr Bester is busy trying to escape.”
Cost implications
Wa Maila dismissed the department’s claim that Bester’s prior escape justified the move, though Judge John Holland-Muter appeared to question the assertion.
“My Lord, they have never given any reason,” the lawyer insisted, pointing out that the transfer was unexpected and financially burdensome.
“It’s not a matter of just going to consult.” Who will bear the costs of such consultation? Because, my Lord, when we travel from Pretoria to Kokstad, we must either pay for fuel for our cars or fly to Durban and hire cars to drive to Kokstad.”
He maintained that Bester “never budgeted” for his transfer and alleged that the legal team was not informed beforehand.
“Our client will have to undertake the costs created unduly by the respondent.”
Wa Maila further argued that, while Bester was at Kgosi Mampuru, it was already known that he had allegedly escaped from prison.
“What has changed? Is there any new thing that says he is maybe attempting to escape again, allegedly? There’s nothing like that.”
DCS, backs transfer
Advocate Lebogang Madiba, representing the DCS, argued that section 36 of the Constitution allows rights to be limited by law.
“It is clear that the rights can be limited,” he told the court, rejecting claims that Bester’s constitutional rights were violated.
Madiba said that Bester’s legal team would simply need to make arrangements to consult at eBongweni prison as lawyers do in other cases. He also dismissed the cost concerns.
“In fact, Mr Bester does not say that he is not prepared to pay his attorney,” he said. That submission is without merit. It is without substance, and it must be rejected for what it is.”
Later in the proceedings, Holland-Muter dismissed Bester’s urgent application.
In his ruling, the judge highlighted that his legal team could consult with Bester virtually if they did not want to travel to Kokstad.
“There’s nothing untoward about his transfer by correctional services,” Holland-Muter said, adding that Bester’s right to having legal representation has not been infringed. I don’t see any urgency of the matter, but I also see no merits why he should be transferred back.”
Prison escape trial
Bester, along with former partner Nandipha Magudumana and their co-accused, is scheduled for a pre-trial hearing at the Free State High Court in Bloemfontein on 18 March.
The trial relates to Bester’s 2022 escape from Mangaung Correctional Centre and is expected to run from 20 July to 18 September 2026.